Zoe Green-Collette, FNP's v. Eloisa Lerma and Ernesto Dominguez, Indvd and for the Estate of Roccio Dominguez
Docket 01-25-00606-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-25-00606-CV
Appeal from a civil matter in the 189th District Court, Harris County, Texas (Trial Court Case No. 2024-67454).
Summary
The court granted the appellant's unopposed motion to dismiss the appeal because the parties resolved their differences. The Court of Appeals dismissed the appeal under the applicable Texas Rules of Appellate Procedure and found any other pending motions moot. The decision is brief and procedural, without reaching the underlying merits of the dispute.
Issues Decided
- Whether the appeal should be dismissed based on the appellant's unopposed motion to dismiss after the parties resolved their dispute.
- Whether any other pending motions should be dismissed as moot following dismissal of the appeal.
Court's Reasoning
The appellant filed an unopposed motion asking the court to dismiss the appeal because the parties settled their dispute. Under Texas Rule of Appellate Procedure 42.1(a) (and cited Rule 43.2(f)), the court has authority to dismiss appeals when a party moves to do so and the motion is unopposed. Because the dismissal resolved the case on appeal, any remaining motions were rendered moot.
Authorities Cited
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.1(a), 43.2(f)
Parties
- Appellant
- Zoe Green-Collette, FNP
- Appellee
- Eloisa Lerma
- Appellee
- Ernesto Dominguez, individually and for the Estate of Roccio Dominguez
- Judge
- Per Curiam (Justices Rivas-Molloy, Johnson, and Dokupil, panel)
Key Dates
- Opinion issued
- 2026-04-30
What You Should Do Next
- 1
Confirm settlement terms
Parties should ensure any settlement agreement is finalized, signed, and filed with the court if required to make terms enforceable.
- 2
Close related filings
Counsel should withdraw or update any remaining filings in the trial and appellate courts to reflect the dismissal and ensure there are no outstanding obligations.
- 3
Record retention and enforcement
Preserve settlement documents and consider enforcement options or dismissal-with-prejudice filings if a party fails to comply with the settlement.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the appellant filed an unopposed motion to dismiss after the parties settled their dispute.
- Does this decision resolve the underlying case?
- Yes, the dismissal ends this appeal, but the opinion does not address the merits of the underlying dispute or any settlement terms.
- Who is affected by this dismissal?
- The appellant (Zoe Green-Collette) and the appellees (Eloisa Lerma and Ernesto Dominguez/estate) are affected because the appellate proceeding is concluded.
- Can this dismissal be appealed further?
- Generally, dismissals by agreement or unopposed motion are final; further review would be unlikely unless there are procedural grounds to reopen or set aside the dismissal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 30, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00606-CV
———————————
ZOE GREEN-COLLETTE, FNP, Appellant
V.
ELOISA LERMA AND ERNESTO DOMINGUEZ, INDIVIDUALLY AND
FOR THE ESTATE OF ROCCIO DOMINGUEZ, Appellees
On Appeal from the 189th District Court
Harris County, Texas
Trial Court Case No. 2024-67454
MEMORANDUM OPINION
Appellant filed an unopposed motion to dismiss this appeal, explaining that
the parties have resolved their differences. We grant Appellant’s motion to
dismiss. See TEX. R. APP. P. 42.1(a), 43.2(f). We dismiss any other pending
motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
2